(a) The following are established:

(1) The Behavioral Health Consortium, referred to in this subchapter as the “Consortium.”

(2) The Prescription Opioid Settlement Distribution Commission, a subcommittee of the Consortium, referred to in this subchapter as the “Commission.”

(b) (1) The Consortium shall provide oversight of the State’s private and public bodies or entities that affect behavioral health-care and substance use treatment to ensure the delivery of quality care.

(2) The Commission is established to distribute the money in the Prescription Opioid Settlement Fund, “Settlement Fund,” under § 4808B of this title, and the Prescription Opioid Impact Fund, “Impact Fund” , under § 4803B of this title.

a. The purpose of the Commission is to establish a coordinated and consensus driven effort to repair the harm done to communities in this State by the opioid crisis.

b. Delaware is a high harm state with significant numbers of overdose deaths reported each year.

c. The powerful, addictive qualities of opioids cause people who are suffering from substance use disorder to face a long road to recovery. The challenges of recovering from an addiction to opioids also has a tremendous impact on families, friends, and other loved ones, and first responders and the health-care system must expend significant resources to address the opioid crisis.

d. The Commission shall distribute settlement moneys, as well as opioid impact fees, to ensure that the use of settlement proceeds and impact fees is coordinated to abate the opioid crisis in Delaware and not diverted to other purposes. It is the intent of the General Assembly that moneys from statewide opioid settlement agreements and the prescription opioid impact fee are used to maximize harm reduction from the opioid crisis and to provide Delawareans with a coordinated opportunity to provide input on the best ways to spend these moneys in order to abate the opioid crisis. The Commission will also ensure that decisions on how to spend opioid-related funds are based on the consensus of stakeholders through a process that considers the views and experiences of affected communities.

e. For purposes of this subchapter, “statewide opioid settlement agreement” means as defined in § 4802B of this title.

f. The terms of statewide opioid settlement agreements, bankruptcy plans, or other agreements for the payment of moneys by defendants in opioid-related litigation may provide a framework for how the moneys may be used to remediate the harm caused by the opioid crisis. The Commission must comply with all applicable terms when disbursing moneys derived from such settlements.

g. In order to increase the amount of settlement dollars allocated to Delaware, it is the intent of the General Assembly that all state and local governments participate in this coordinated process for all settlement moneys to flow into the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund.

(c) (1) The Consortium shall periodically report to the Governor and General Assembly, on a schedule to be determined by the Consortium, to recommend any potential legislative action that ensures quality delivery and expanded access to behavioral health care. The first report is due by April 16, 2018.

(2) Beginning January 1, 2022, the Commission shall produce an annual report, published on the Commission’s website, that contains all of the following:

a. The amounts and sources of moneys received by the Prescription Opioid Settlement Fund.

b. The aggregate amount of moneys received by the Prescription Opioid Impact Fund.

c. By fund, the amounts and sources of any other moneys received.

d. By fund, the contracts or grants awarded by the Consortium, including the identity of each recipient, the amount of the award, the subject matter or program involved, and the primary terms and conditions of the award or contract.

e. By fund, the amounts disbursed in respect of approved contracts, grants and other authorized expenditures and administrative expenses, including amounts disbursed to qualifying local governments for local government block grants.

(3) The Consortium and Commission shall provide a copy of each report under this subsection to the Director and the Librarian of the Division of Legislative Services and to the Delaware Public Archives.

81 Del. Laws, c. 125, §  1;  81 Del. Laws, c. 220, § 1;  83 Del. Laws, c. 243, § 5;  84 Del. Laws, c. 255, § 23; 

(a) The Consortium is composed of 27 members, as follows:

(1) Eleven individuals, or their designees, who are members of the Consortium by virtue of their respective positions, as follows:

a. The Lieutenant Governor of the State of Delaware.

b. The Chair of the Behavioral and Mental Health Commission.

c. The Chair of the Center for Health Innovation.

d. The Chair of the Delaware Suicide Prevention Association.

e. The Chair of the Overdose Fatality Review Commission.

f. The Chair of the Addiction Action Committee.

g. The Chair of the Police Chiefs Council.

h. The Chair of the Mental Health Association in Delaware.

i. The Executive Director of the Ability Network of Delaware.

j. The Attorney General, as co-chair of the Prescription Opioid Settlement Distribution Commission.

k. The chair of the Local Government Committee of the Prescription Opioid Settlement Distribution Commission.

(2) Twelve individuals who are members of the Consortium by appointment by the Governor, as follows:

a. One representative of a hospital in this State.

b. Three advocates from statewide or national nonprofit organizations that are dedicated to the improvement of behavioral health in this State.

c. One practicing or retired individual licensed or previously licensed under Chapter 19 of Title 24 with experience in behavioral health in this State.

d. One licensed psychiatrist.

e. One representative of the education community who directly works to improve behavioral health in a Delaware school district.

f. One advocate who has directly been impacted by behavioral health in this State.

g. One representative of the insurance industry who directly works to improve behavioral health in this State.

h. One citizen from each county who has been impacted by behavioral health.

(3) Two members of the Senate appointed by the President Pro Tempore of the Senate, 1 appointed from the majority caucus and 1 appointed from the minority caucus.

(4) Two representatives appointed by the Speaker of the House of Representatives, 1 appointed from the majority caucus and 1 appointed from the minority caucus.

(b) Members serving by virtue of position may appoint a designee to serve in their stead and at their pleasure.

(c) Consortium working groups. — The Consortium shall create working groups in accordance with the recommendation of the Consortium.

(d) Terms of the Consortium members. — Governor appointed members are appointed for a term of 2 years.

(e) Consortium Chair. — The Consortium shall be chaired by an appointment of the Governor from the Consortium membership. The Chair is responsible for guiding the administration of the Consortium by, at a minimum, supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Consortium.

(f) Official action by the Consortium, including making findings and recommendations included in a report issued by the Consortium, requires the approval of a majority of the total members of the Consortium.

81 Del. Laws, c. 125, §  1;  81 Del. Laws, c. 220, § 2;  83 Del. Laws, c. 243, § 5; 

(a) The Commission shall make recommendations to the Consortium regarding all distributions from the money in the Settlement Fund and the Impact Fund.

(b) The Commission consists of the following 15 members, or a designee selected by the member serving by virtue of their position:

(1) The Attorney General.

(2) The Governor.

(3) The Secretary of the Department of Health and Social Services.

(4) Two members of the Senate, 1 from the minority caucus and 1 from the majority caucus, appointed by the President Pro Tempore of the Senate.

(5) Two members of the House of Representatives, 1 from the minority caucus and 1 from the majority caucus, appointed by the Speaker of the House.

(6) One member of the public, who is a resident of this State, appointed by Governor.

(7) One member of the public, who is a resident of this State, appointed by the Attorney General.

(8) Three members representing each county government in Delaware, appointed as follows:

a. One member appointed by the New Castle County Executive, with the advice and consent of the County Council.

b. One member appointed by the Kent County Administrator, with the advice and consent of Levy Court.

c. One member appointed by the Sussex County Administrator, with the advice and consent of the County Council.

d. 1. If a county is not participating in a statewide opioid settlement agreement in which the county government is eligible to participate, that county is disqualified from appointing a member under paragraphs (b)(8)a. through (b)(8)c. of this section until the county participates in the statewide opioid settlement agreement.

2. If a county is disqualified from appointing a member under this paragraph (b)(8)d., the Governor shall appoint an additional representative from a municipal government under paragraph (b)(9) of this section, who serves until the county is qualified to appoint a member or the Governor appoints a replacement.

(9) One representative of municipal government, appointed by the Governor and selected from a list of 3 names provided by the Delaware League of Local Governments within the 60 days before a member’s term expires or within 30 days after a vacancy. All of the following apply to the member appointed under this paragraph (b)(9):

a. Must rotate annually, on July 1 of each year, from among the municipal governments in this State.

b. Must not represent a municipal government that is not participating in a statewide opioid settlement agreement in which that municipal government is eligible to participate.

(10) One member representing a substance use disorder advocacy group, appointed by the Attorney General.

(11) One member representing the addiction recovery system, appointed by the Governor.

(c) The Attorney General and Governor, or their designees, shall co-chair the Commission and shall be responsible for guiding the administration of the Commission by, at a minimum, doing all of the following:

(1) Notifying the individuals who are members of the Commission of the formation of the Commission, and, if applicable, notifying a person of the need to nominate or appoint members.

(2) Setting a date, time, and place for the initial organizational meeting.

(3) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports.

(4) Establishing a webpage dedicated to the work of the Commission and publishing a list of the members of the Commission and the person who appointed them, meeting notices, agendas, minutes, and reports.

(5) Ensuring that any reports produced by the Commission are distributed to members of the Delaware General Assembly, the Governor, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives.

(d) (1) A quorum of the Commission, or any committee of the Commission, is a majority of its current members. Official action by the Commission, including making findings and recommendations, requires the approval of the majority of the Commission members present at a public meeting where a quorum of the Commission is present.

(2) The Commission shall meet no less than 1 time every 4 months.

(3) The Commission shall adopt rules or procedures governing the work of the Commission that include ethics standards and procedures to identify and address conflicts of interest. The Commission’s rules and procedures must be consistent with the terms of the sources of funds under § 4808B of this title.

(4) The Behavioral Health Consortium shall provide administrative support to the Commission.

(e) The Commission shall establish a Local Government Committee that shall provide recommendations to the Commission regarding the distribution of money from the Settlement Fund and Impact Fund.

(1) The Local Government Committee must include the 3 members representing county government under paragraph (b)(8) of this section and the member representing municipal government under paragraph (b)(9) of this section and may include additional representatives from municipal governments.

(2) The chair and members of the Local Government Committee are selected in the same manner as other committees under subsection (f) of this section.

(3) If the Commission does not adopt the recommendations of the Local Government Committee, the Commission shall provide a written explanation of the decision and provide an opportunity for the Local Government Committee to respond.

(f) The Commission co-chairs may create additional committees. The Commission co-chairs shall appoint a member of the Commission to serve as the chair of each committee and the initial committee members. Additional committee members may be appointed or removed by the chair of each committee. Individuals who are not members of the Commission may serve as a member of a committee.

(g) The Commission shall solicit and review any recommendations regarding the distribution of money from the Settlement Fund and the Impact Fund from all of the following:

(1) The Behavioral Health Consortium.

(2) The Addiction Action Committee.

(3) Overdose System of Care Committee.

(4) Drug Overdose Fatality Review Committee.

(h) The Commission shall seek input from the public and private entities and individuals concerned with the intended purposes of the Funds and shall conduct public hearings as necessary to provide an opportunity for public comment.

(i) The Commission shall use data and evidence on community harm to guide distributions and may procure reports to help guide the work of the Commission.

83 Del. Laws, c. 243, § 5;  84 Del. Laws, c. 255, § 24; 

(a) (1) The Consortium shall distribute the money in the Prescription Opioid Settlement Fund (Settlement Fund) and the Prescription Opioid Impact Fund (Impact Fund) based on the recommendations of the Commission by awarding grants, by directing the Secretary of the Department of Health and Social Services to enter into contracts, or by distributing funds to State agencies and local governments to be administered as directed by the Commission.

(2) If the Consortium does not adopt a recommendation of the Commission, the Consortium shall provide a written explanation of the decision and the Commission may revise that recommendation to the Consortium.

(3) The Consortium may not make a distribution from the Settlement Fund or Impact Fund without a conforming recommendation from the Commission for the distribution.

(b) The disbursement of money from the Settlement Fund and the Impact Fund, distributed by the Consortium, shall be made by the State Treasurer upon authorization by all of the following, on a form designed for this purpose by the chair of the Consortium and the State Treasurer:

(1) The chair of the Consortium.

(2) The Director of the Office of Management and Budget.

(3) The Controller General.

(4) The co-chairs of the Joint Finance Committee.

(c) The Director of the Office of Management and Budget may waive the requirements under Chapter 69 of Title 29 for distributions made by the Consortium.

83 Del. Laws, c. 243, § 5; 

The Consortium is a “public body,” as defined in and for the purposes of the Freedom of Information Act, Chapter 100 of Title 29.

81 Del. Laws, c. 125, §  1;